Monday, 6 February 2012

Corporation vs Partnership

First CreationPosted CORPORATION own right, created by the partnership agreement of the parties;
Second The number of the founding membersCORPORATION requires at least 5 founding members;Alliance requires at least two partners;
Third From the legalCorporation has acquired legal personality from the date of issuance of the Certificate of Incorporation by the Securities and Exchange Commission, the association takes the form of legal personality of the date of execution of the partnership contract
Fourth PowersCorporation may exercise the legal assignment of express or implied, or the events of his existence, the association may exercise any of the partners (if not against the law, morals, good customs, public order, the public policy) authorizes

Financial Derivatives between Western Legal Tradition and Islamic Finance

A comparative approach
The purpose of this paper is to examine the dynamics of the derivatives of the global financial community. Aderivative type, origin and reason of its use are some questions to consider that the Western financial system much more powerful than any other single financial system will be worldwide. It is interesting to note that Islamic finance does not allow unlimited use of financial derivatives in its own legal system. Islamic finance refers to the methods of the banking company and financial, that are consistent with the principles of Islamic law. 


Islam commands authority over the whole character of a Muslim, not the assumption of a distinction between the sacred and the profane. Economic, political, religious and social, including finance, fall under the jurisdiction of the divine law of Islam, the Sharia. On the basis of Sharia, Islam has broad ethical standards that must be run as businesses and the economy are formulated and how the banking and finance is to be arranged. This is why, in part, why Islam in the West, are poorly understood.
There are two main aspects characterize the relationship between Islam and finance. One is that Islamic law, all aspects of life, social ethics and the regulation says. Every act of the faithful must comply with Islamic law and respect the ethical norms of Islamic principles derived. These ethical principles define fairness and justice, the nature of business and corporate responsibility, and business priorities. Second, in addition to planning a number of business ethics, certain economic and financial principles of Islam in the Holy Quran. These include, in particular the prohibition of Riba and the institution of a free economic system of interest. The article will appear above all to the differences between conventional financial derivatives and Islamic financial instruments, valuation of these to discover religiously acceptable.

Contingent Contract and Types of Contingent Contracts

Contingent contract
Contracts absolute and contingent contracts based on the presence or absence of conditions of contracts can be divided into two groups, viz. In the case where there is a condition known as absolute agreement. Since there is no condition, the absolute agreement is carried out in all circumstances.
In the case of illness, referred to this agreement contingent contract. Therefore contingent contingent contract means the contract. If charged and the condition is met, the contract shall be valid and contingent then the parties must meet their obligations. If charged and are not satisfied, the contract null and void conditional, and then turned it need not take place. Sun contingent contract is performed under certain circumstances.
For example, there is a contract between A and B which has its products that are under way to sell B, when the ship reached port safely. Here to view the status and the eventual contract. All indemnities, guarantees and insurance contracts are contracts possible. In accordance with §. Act of 31 contracts in India, is the execution of an order of which is happening or not a particular case is called non-contingent contract.Types of temporary contracts

What is the Meaning and source of Mercantile law


Commercial law is a part of civil law. It controls and regulates trade and commerce in the country. Trade Law addresses the needs of a businessman. These are the laws relating to insurance companies, corporations, contracts, corporations, securities, arbitration, freight, etc.
Law in India has taken from English law. So the English law largely follows with some modifications and reservations to the suite with the conditions of India and practice. The following are the main source of commercial law in India:
First Law of Business English: English law and come into being through the development and use of the customs of the traders and merchants in England is the main source of India Business Law. This control of the customs of the merchants in their dealings with others. Also known as common law. There is an unwritten and based on customs and precedents based. The law of contracts is part of the common law in England. It is one of the most important part of commercial law.

Leasehold Defined

A leasehold is a form of real estate ownership.

When we speak of a lease, most people have the image of a standard rental agreement for an apartment or business property.

This type of lease is for a short term – usually a year or less and usually provides for a fixed monthly rental fee (although this can be variable, especially with some types of business property) for the duration of the lease.

Unlike a short term apartment or small business property lease, leaseholds are usually for a much longer term, frequently going for periods of up to 99 years.

Ninety-nine years seems to be the maximum term of this type of lease.

The 99 year limit appears to be based upon the common law concept known as the Rule Against Perpetuities. This legal concept is designed to prevent property from being tied up and controlled for too long from beyond the grave.